Thompson v. Esserman
A court can warn a pro se plaintiff that unless the pro se provides a recognizance within 14 days the court will dismiss the pro se's suit, for lack of jurisdiction. The pro se plaintiff, Robert Thompson, sued the defendants, who moved to dismiss and argued that the court lacked jurisdiction, because the plaintiff failed to provide a signed recognizance. Practice Book §8-4 provides, "[N]o mesne process shall be issued until the recognizance of a third party for costs has been taken, unless the authority signing the writ shall certify thereon that he or she has personal knowledge as to the financial responsibility of the plaintiff and deems it sufficient." The New Haven Superior Court held in Royster v. Crown Towing, a 2011 decision, that a plaintiff's failure to comply with Practice Book §8-4 led to insufficient service of process. Superior Court Judge Robin Wilson wrote in Cherry v. City of New Haven, a 2010 decision, that "plaintiffs who are pro se or indigent are not exempt from filing the required recognizance." Even pro se litigants are required to comply with the Connecticut Practice Book. The court ordered Thompson to file a recognizance within 14 days and warned Thompson that the complaint may be dismissed, for lack of jurisdiction, if Thompson fails to file the recognizance.